Unnao rape case survivor to move SC against suspension of Sengar's jail term

The 2017 Unnao rape case survivor on Wednesday termed the Delhi High Court's decision to suspend the jail term of expelled BJP leader Kuldeep Singh Sengar "kaal (death)" for her family and said that she would move the Supreme Court against it.

The Delhi High Court on Tuesday suspended the sentence of Sengar, who is serving life imprisonment in the case, and ordered his release on bail pending the disposal of his appeal against his conviction by a trial court in December 2019.

In its order, the high court directed that Sengar shall not come within a 5-kilometre radius of the victim's residence and shall not threaten the survivor or her mother. It also said violation of the conditions would automatically lead to cancellation of bail.

Sengar, however, will remain in jail since he is also serving 10 years' imprisonment in the custodial death case of the victim's father and has not been granted bail in that case.

Reacting to the verdict, the survivor, who was a minor when she was kidnapped and raped by Sengar in 2017, told PTI over phone from Delhi that security for her family members, lawyers and witnesses had already been withdrawn and the court's decision had deepened her fears.

"If the convict gets bail in a case like this, how will the country's daughters remain safe? For us, this decision is no less than 'kaal' (death)," she said. "Those with money win, those without money lose," she rued.

The survivor, who was heading out with her mother to stage a protest near Mandi House against the verdict, added that she would challenge the HC order in the Supreme Court.

Women's rights activist Yogita Bhayana, who staged a protest with the survivor's mother at India Gate on Tuesday night, shared on X a video of the survivor and her mother.

In the video, the survivor claimed that she left home in the morning to meet her lawyer, who had called her to sign some papers and go to the Supreme Court, and Bhayana. However, she claimed, CRPF personnel tried to send her back home.

"I was shouting that I need to visit my lawyer. I was shouting in the vehicle as well and then the order came from the top to take me (to meet my lawyer)," she said. "All I want is that justice should be done," she added.

Bhayana claimed that the survivor was injured in the melee. Bhayana also shared a clip of her phone conversation with the survivor from earlier in the day.

In the clip, the survivor is heard saying that she was not being allowed to go and meet her lawyer, and the security personnel were taking her back home. Bhayana then asks her to get down from the vehicle and tell the security personnel that she won't go with them.

The survivor also claimed that her mother was thrown in the middle of the road after being removed from India Gate during her protest on Tuesday. A senior police officer, however, said, "We removed the protesters from the site around 8.45 pm on Tuesday and placed them in a CRPF bus. No further action was taken."

Bhayana told PTI Videos that the survivor is scared for her life.

The Unnao rape case and other connected cases were transferred from Uttar Pradesh to Delhi on the directions of the Supreme Court in August 2019.

Meanwhile, the mother of the 2012 Nirbhaya gang rape victim, Asha Devi, extended support to the Unnao rape case survivor and her family. The HC's decision was "unfortunate" and would send a "wrong message" to society, she said.

Speaking to PTI, she said granting bail to a life convict in a rape case would embolden wrongdoers and weaken faith in the justice system. "How can such a person be released? This will open the doors for other rape accused to approach courts for bail. It gives strength to those who commit such crimes," she said, adding that the decision would adversely impact the safety of women and girls across the country.

Asha Devi said the protests against the HC verdict are justified and urged the court to reconsider its order. "The victim's family wants justice. What has happened is injustice not only to them but to all daughters and women of this country," she said.